State v. Bruno

The pivotal issue this appeal presents, is whether the requirement in State v. Wallace, supra, that appeals by the state shall be governed by the procedural requirements of App. R. 5 and the time requirement of App. R. 4(B), is retroactive or prospective only in application.

At the time of commencement of the appeal to the Court of Appeals on May 8,1975, this court had announced its decision in State v. Hughes, 41 Ohio St. 2d 208, on March 19,1975. The syllabus provides:

“Insofar as App. R. 4(B), permitting the prosecution, as of right, to appeal judgments of trial courts, enlarges the…